IPC Section 44: Meaning of Injury and Current BNS Provision
Section 44 of the Indian Penal Code, 1860 defined injury broadly. Its corresponding definition now appears in Section 2(14) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Text of IPC Section 44 - Injury
The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
This was a general definition used to interpret provisions of the IPC. Section 44 did not, by itself, create a separate criminal offence or prescribe a punishment.
BNS Section 2(14): Present definition
Section 2(14) of the Bharatiya Nyaya Sanhita, 2023 defines "injury" in the same terms: harm illegally caused to a person in body, mind, reputation or property. The definition is relevant when interpreting offences and other provisions that refer to injury.
Read the official text of the Bharatiya Nyaya Sanhita, 2023 (India Code PDF) and the India Code Act record.
Essential features of injury
- Harm: The term extends beyond visible physical wounds.
- Illegally caused: The harm must be caused in a manner that is unlawful; mere inconvenience or lawful conduct is not automatically injury within this definition.
- Person affected: The definition covers harm to a person in any of the four stated interests.
- Body, mind, reputation or property: These are distinct types of protected interests, although the applicable offence must still be independently established.
Types of injury explained
| Interest | Illustrative harm |
|---|---|
| Body | Unlawfully causing physical pain or bodily harm. |
| Mind | Unlawfully causing mental harm in circumstances covered by an applicable legal provision. |
| Reputation | Unlawful injury to a person's reputation, subject to the elements and exceptions of the relevant law. |
| Property | Unlawfully damaging or interfering with a person's property. |
These are explanatory examples, not automatic findings of criminal liability. The elements of the particular offence, including the required mental state and any exceptions, must be satisfied.
Injury compared with hurt
Injury is the wider general definition covering harm to body, mind, reputation or property. Hurt is separately defined in Section 114 of the BNS as causing bodily pain, disease or infirmity to any person. The two terms should not be treated as interchangeable.
Effect of repeal of the IPC
Section 358 of the BNS repeals the Indian Penal Code, 1860, while preserving specified prior operations, liabilities, penalties, investigations and proceedings under its savings provisions. The date of the alleged conduct and applicable transitional rules matter when determining whether the IPC or BNS governs a case.
Frequently asked questions
Is IPC Section 44 still in force?
The IPC has been repealed with effect from 1 July 2024, subject to savings. For the current BNS definition of injury, refer to Section 2(14).
Does injury include damage to reputation or property?
Yes. The statutory definition expressly includes harm illegally caused to reputation or property, as well as body or mind.
Does Section 44 prescribe punishment?
No. It was a definition clause. Punishment, where applicable, arises under a separate substantive offence.
Does every mental distress amount to criminal injury?
No. The statutory requirement of illegally caused harm and the elements of any relevant offence must be considered.
Official legal sources
Bharatiya Nyaya Sanhita, 2023 - official Act PDF; National Crime Records Bureau - BNS chapters and provisions.
Updated: 28 October 2026. This article provides general legal information, not advice on a specific case.